RFE for 1-864

[Mimi and Wewe 0]

Hi Everyone!

We just got an RFE for 1-864.

So, first of all, we originally sent in an 1-864EZ.

The RFE letter says the petitioner/sponsor answered "no" on one or more questions on page 1, part 1, of 1-864EZ. In looking at our copies of the form, we did not answer no on part 1, page 1, etc so we are so confused!

My question is, should we just fill out an 1-864 and send it in?

An additional question, if the petitioner is self employed and just makes above the poverty line with a little fluctuation here and there, will we be asked to get a co-sponsor?

Thanks Everyone!

[aussie_jason 195]

If the petitioner is self employed then you must have answered 1 A incorrectly as they would not have a W2 and hence you need to fill out the full I-864.

His tax return for 2013 would be the all important figure, if he is filing a 1040 then you use Line 22 for that purpose but if he is filing a 1040EZ then you use Line 37.

[Mimi and Wewe 0]

Hi Aussie and thank you so much for your response.

Kindly, an additional question for you. We went to irs.gov and requested to be sent via regular mail the last three years of the petitioners tax returns. The options available were for the years 2012, 2011 and 2010 but it looks like 2013 is not available? The petitioner filed their taxes in early January of this year. What should we do? Will those years suffice?

Thank you so much!

[aussie_jason 195]

You will need 2013 to show current income so if that transcript isn't available yet then you can provide a copy of the return with his 1099 or whatever proof of income he currently has.

[Mimi and Wewe 0]

If the petitioner includes bank statements for the last 6 months, is that good enough to show income?

Also, just incase we need to use a co-sponsor, do they have to be USC or they can be PR?

Thank you!

[aussie_jason 195]

If he is self employed that may not be enough on its own so I would include a copy of his 2013 return with the bank statements and an explanation.

The co-sponsor can be a LPR or USC, they would need to complete their own I864.

[Mimi and Wewe 0]

Thank you so much Aussie_Jason!